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Home My WebLink About07-3182r PENGATE HANDLING SYSTEMS, INC., Plaintiff, vs. FURNITURE WORLD OF VERMONT f/k/a LEO' S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O ?' " 3,1~a? PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Petitioner Pengate Handling Systems, Inc. ("Pengate"), by and through it undersigned counsel, and pursuant to Pa.R.C.P. 234.1 et seq. and 42 Pa. C.S. § 5326, respectfully requests that this Honorable Court issue a Subpoena to Attend and Testify on the following grounds: 1. Pengate is the plaintiff in a case pending in the Chittenden Superior Court, State of Vermont, Docket No. 50559-OS CnC. 2. Pengate, by its Vermont counsel, petitioned the Chittenden Superior Court, State of Vermont, for a Commission to take the deposition of Karl L. Nunn. 3. Mr. Nunn resides at 960 Hummel Avenue in Lemoyne, Pennsylvania 17403. 4. A Commission was issued on May 21, 2007, by the Chittenden Superior Court, State of Vermont, for the taking of this deposition. The Commission is attached as Exhibit A. 5. Pengate has set the deposition of Mr. Nunn for June 27, 2007, at 3:00 p.m., at the offices of Pepper Hamilton LLP, 100 Market Street, Suite 200, Harrisburg, Pennsylvania 17101. A true and correct copy of the Notice of Deposition of Karl L. Nunn is attached hereto as Exhibit B. 6. Pengate requests the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth in the attached Notice. A copy of the form of a subpoena is attached as Exhibit C. WHEREFORE, Petitioner prays that this Honorable Court direct the Prothonotary to issue a Subpoena to Attend and Testify directed to Karl L. Nunn. B P. Downey 9891) Justin 9266) PEPPER H ON 100 Market Street, Suite Post Office Box 1 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 Fax downeyb@pepperlaw. com weber] g@pepperlaw. com Attorneys for Plaintiff May 25, 2007 Pengate Handling Systems, Inc. STATE OF VERMONT CHITTENDEN COUNTY, SS. PENGATE HANDLING SYSTEMS, INC., Plaintiff, v. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants. CHITTENDEN SUPERIOR COURT DOCKET NO. 5059-0~ CnC r , . ~.. ii I ...,~ ~ ~ r1r~^~7 t I L7:.,_... ..:.~i: ,M. COMMISSION FOR ISSUANCE OF SUBPOENA TO: Court of Common Pleas of Cumberland County WHEREAS, it appears to the Judge of the Chittenden County Superior Court, State of Dinse, Knapp S McAndrew, P.C. 209 Batttxy drat PO Box 988 Burlington, VT0540?•0988 (802) 864-5751 Vermont, the Court of jurisdiction over the above-captioned matter, that Karl L. Nunn is a material witness in the above-entitled case, we therefore request in furtherance of justice that you, by the proper and usual process of your Court, cause or authorize said witness to appear for the taking of a deposition as set forth in the Subpoena to be issued by the law offices of Pepper Hamilton LLP, 100 Mazket Street, Suite 200, Hamsburg, Pennsylvania 17101 on Wednesday, June 20, 2 , at 3:00 p.m., rat such other time and place as agreed upon by all parties. DAT at Burlington, Vermont is ~ day of May, :- Presiding Judge Chittenden County S {B0234598.1 11796-0001) PENGATE HANDLING SYSTEMS, INC., Plaintiff, vs. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. NOTICE OF DEPOSITION TO: Karl L. Nunn NOTICE IS HEREBY GIVEN that, pursuant to Pennsylvania Rules of Civil Procedure 4007.1, Karl L. Nunn is directed to appear for deposition on June 27, 2007, at Pepper Hamilton LLP, 100 Market Street, Suite 200, Harrisburg, Pennsylvania 17101, beginning at 3:00 p.m. The examination will be conducted before a notary public of the Commonwealth of Pennsylvania, and will continue from day to day until completed. Dated: May 25, 2007 rian P. Do ey 59891) J G. Web r (PA b PEPP ILTON P 100 Market Street, ui e 0 Post Office Box 118 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 Fax downeyb @pepperlaw. com weber] g @pepperlaw. com Attorneys for Plaintiff Pengate Handling Systems, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENGATE HANDLING SYSTEMS, INC., . Plaintiff ~ s , File No. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDIPdG, INC., and DANIEL MARTELLO, Defendants SUBPOENA TO ATTEND AND TESTIFY TO: V ~ T1T T UTThTLT 1. You aze ordered by the court to come to Penner Hamilton LLB, 100 Market Street Suite 2 0 Harrisbur PA 17101 (Specify Courtroom or other place) at Dauphin, County, Pennsylvania, on June 27 . 2007 at 3 : Oo _ o'clock, ~ M,. to testify on behalf of Plaintiff Pengate Handling Systems, Inc. in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Justin G. Weber Address: Pepper Hamilton LLP, 100 Market Street, Suite 200, P.O. Box 1181 Harrisburg, PA 17108-1181 Telephone: 717.2 5 5.115 5 Supreme Court ID # PA 89266 BY THE COURT: Prothonotary~'Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners; etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. i Eff. 7:97) CERTIFICATE OF SERVICE I hereby certify that on May 25, 2007, I served a copy of the foregoing document on the following via United States mail, first class postage prepaid, addressed as follows: Jesse D. Bugbee, Esquire Kissane Associates 2 North Main Street, Suite 3 St. Albans, VT 05478-1665 ~~ G. Weber (PA 89266) n ~ ~~~'a w ~ c ,._, - _ ~`~ _~ -~-~ W (~ ~ ~, ~ ; ~ ~ ~ ~ -~- _.. ~_ ., ~_.~, .~ ~; .~ v PENGATE HANDLING SYSTEMS, INC., Plaintiff, vs. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3182 CIVIL TERM Defendants. AMENDED PETITION FOR ISSUANCE OF A SUBPOENA TO TAKE DEPOSITION Petitioner Pengate Handling Systems, Inc. ("Pengate"}, by and through it undersigned counsel, and pursuant to Pa.R.C.P. 234.1 et seq. and 42 Pa. C.S. § 5326, respectfully requests that this Honorable Court issue a Subpoena to Attend and Testify on the following grounds: 1. ~ Pengate is the plaintiff in a case pending in the Chittenden Superior Court, State of Vermont, Docket No. S0559-OS CnC. 2. Pengate, by its Vermont counsel, petitioned the Chittenden Superior Court, State of Vermont, for a Commission to take the deposition of Karl L. Nunn. 3. Mr. Nunn resides at 960 Hummel Avenue in Lemoyne, Pennsylvania 17403. 4. A Commission was issued on May 21, 2007, by the Chittenden Superior Court, State of Vermont, for the taking of this deposition. The Commission is attached as Exhibit A. 5. Pengate has set the deposition of Mr. Nunn for June 27, 2007, at 3:00 p.m., at the offices of Pepper Hamilton LLP, 100 Market Street, Suite 200, Harrisburg, r Pennsylvania 17101. A true and correct copy of the Notice of Deposition of Karl L. Nunn is attached hereto as Exhibit B. 6. Pengate requests the issuance of a subpoena by this Court to compel the attendance of the deponent as set forth in the attached Notice. A copy of the form of a subpoena is attached as Exhibit C. 7. I certify that I contacted counsel for the Defendants, Jesse Bugbee, and he has no objection to the relief requested by this Petition. 8. This matter has not previously been assigned to a Judge. WHEREFORE, Petitioner prays that this Honorable Court direct the Prothonotary to issue a Subpoena to Attend and Testify directed to Karl L. Nunn. Respectfully submitted, ~.,, C.,t_-- Bri(arYP. Downey (PA 59891) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1181 Harrisburg, PA 17108-11$1 717.255.1155 717.238.0575 Fax downeyb@pepperlaw. com weber] g@pepperlaw.com Attorneys for Plaintiff Dated: June 1, 2007 Pengate Handling Systems, Inc. .. ~h~br f A _rt STATE OF VERMONT CHITTENDEN COUNTY, SS. PENGATE HANDLING SYSTEMS, INC., Plaintiff, v. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants. CHITTENDEN SUPERIOR COURT DOCKET NO. 50~~9-0~ CnC r: ..... ~ . ,..I ~ , ,_: r i ~-- ...... ~..~~t COMMISSION FOR ISSUANCE OF SUBPOENA T0: Court of Common Pleas of Cumberland County WHEREAS, it appears to the Judge of the Chittenden County Superior Court, State of ~r,~e. KnaGV & McAndrew, P.C ?a9 Battery Slreel ro Bar sea Burlington, VT OSIO.-0988 ~802)A64-5751 Vermont, the Court of jurisdiction over the above-captioned matter, that Karl L. Nunn is a material witness in the above-entitled case, we therefore request in furtherance of justice that you, by the proper and usual process of your Court, cause or authorize said witness to appear for the taking of a deposition as set forth in the Subpoena to be issued by the law offices of Pepper Hamilton LLP, 100 Market Street Suite 200, Harrisburg, Pennsylvania 17101 on Wednesday, June 20, 2 , at 3:00 p.m., rat such other time and place as agreed upon by all parties. DATE~at Burlington, Vermont s day of Ma Presiding Judge Chittenden County Su ~BU234598.1 1 179G-0001 } r PENGATE HANDLING SYSTEMS, INC., Plaintiff, vs. FURNITURE WORLD OF VERMONT f/k/a LEO' S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.07-3182 CIVIL TERM NOTICE OF DEPOSITION TO: Karl L. Nunn NOTICE IS HEREBY GIVEN that, pursuant to Pennsylvania Rules of Civil Procedure 4007.1, Karl L. Nunn is directed to appear for deposition on June 27, 2007, at Pepper Hamilton LLP, 100 Market Street, Suite 200, Harrisburg, Pennsylvania 17101, beginning at 3:00 p.m. The examination will be conducted before a notary public of the Commonwealth of Pennsylvania, and will continue from day to day until completed. B .Downey (PA 59891) ~-- Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 Fax downeyb@pepperlaw. com weber] g@pepperlaw. com Attorneys for Plaintiff Dated: June 1, 2007 Pengate Handling Systems, Inc. Exh+~t~ ~ COMMONWEALTS OF PENNSYLVANIA COUNTY OF CUMBERLAND PENGATE HANDLING SYSTEMS, INC., • Plaintiff v s . File No. FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDIPdG, INC., and DANIEL MARTELLO, Defendants ' SUBPOENA TO ATTEND AND TESTIFY T4: KARL L. NUNN 1. You arc ordered by the court to come to peeper Hamj 1 ton .j.P ~ (]o Ma 1 Street. Suite 200. Harrisburg, PA 17101 (Specify Courtroom or other place) at Dauvhiq County, Pennsylvania, on June 27 . 2007 at 3 _ o~ _ o'clock, ~ M,. to testify on behalf of Plaintiff Pengate Handling Systems, Inc. in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Justin G. Weber Address: Pepper Hamilton LLP, 100 Market Street, Suite 200, P.O. Box 1181 Harrisburg, PA 17108-1181 Telephone: 717.25 5. 115 5 Supreme Court ID # PA 89266 BY THE COURT: Prothonotary;'Clerk, Civil Division Date: Seal of the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners. etc. ?n compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or `hings is desired, complete paragraph 2. i"Eff. 7, 9") f CERTIFICATE OF SERVICE I hereby certify that on June 1, 2007, I served a copy of the foregoing document on the following via United States mail, first class postage prepaid, addressed as follows: Jesse D. Bugbee, Esquire Kissane Associates 2 North Main Street, Suite 3 St. Albans, VT 05478-1665 'l.~ J t' G. Weber (PA 89266) t. ~= ~ ~ ~ ^^ - y ~ i J - ~ «~~~ '~ _ 4~.. ~+y+ ~``~fA ~. '? + ~ U y ~ ~ . PENGATE HANDLING SYSTEMS, INC., vs. Plaintiff, FURNITURE WORLD OF VERMONT f/k/a LEO'S FURNITURE AND BEDDING, INC., and DANIEL MARTELLO, Defendants. MAY 3 ~ ~~uio~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~'~' - ~3lP~ l: ltd L (~ ~~--h'"~ ORDER OF COURT AND, NOW, this ~ ` day of G,...._ , 2007, upon consideration of the Petition for Issuance of Subpoena to Take Deposition and upon motion of the counsel for Petitioner, it is hereby ORDERED that the Prothonotary of Cumberland County issue a Subpoena directed to Karl L. Nunn, as described more fully in the attached Notice of Deposition, directing his attendance at a deposition to be conducted under the Pennsylvania Rules of Civil Procedure and to be held at the offices of Pepper Hamilton LLP, 100 Market Street, Suite 200 Harrisburg, Pennsylvania 17101, on June 27, 2007, at 3:00 p.m. BY THE COURT: ~ ' ~~ J. Distribution List Bri P. Downey, Esquire stin G. Weber, Esquire PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1181 t Harrisburg, PA 17108-1181 V ~se D. Bugbee, Esquire Kissane Associates 2 North Main Street, Suite 3 et eiha„~ vTnsa~Q_~~~s ~; ~ ~ 11 ~,~~ 8- ~~S ~,~` i00Z ~'-;f~ ~, ark--~~~~i:~ ~,.~~_,